SURESH UPADHYAY Vs. STATE OF M.P.

JUDGEMENT

(1.) WITH the consent of learned counsel for the parties, the matter is heard finally.

(2.) THIS petition has been filed under Section 482 of Cr.P.C. for quashing the FIR registered at Crime No. 51/2012 under section 34(2) of M.P. Excise Act at Police Station Banmore, District Morena.

(3.) LEARNED counsel for the petitioner submits that no recovery has been made from the possession of the petitioner and further the petitioner was also not present at the time of alleged seizure. On the basis of the statement recorded under section 27 of the Evidence Act, the petitioner cannot be prosecuted because that information cannot be used against the petitioner. In absence of legally admissible evidence the petitioner cannot be prosecuted and the continuance of prosecution would tantamount to be an abuse of process of law. It is further submitted that the coordinate Bench of this Court in a petition filed by Narendra Pal Singh Tomar which was registered as M.Cr.C. No. 1262/2014 has quashed the FIR, hence, it is prayed for quashing the FIR registered against the petitioner.